The mother was murdered leaving behind a 4 year old daughter. The child was born out of wedlock but the father has always supported the child. He did not take the extra step to legitimize the child and is now in a dispute with the grandmother that never participated in the health and wellbeing of... Read more »
answered on May 24, 2023
The father should hire an attorney and file an action to legitimize. In that action he should seek sole legal and physical custody of the child. Since he has been paying support and can show he’s been an active participant in the child’s life, it should not be an issue for the court to... Read more »
He’s father lied in the case and had me served for joint custody but he drinks heavy and talks to us both aggressively. Is their information you can give me to help me fight for protection for me and my son . For full custody of my preemie baby
answered on May 19, 2023
Please remember this is site for general information and should not be used as a substitute for retaining a lawyer who regularly practices in the Court wherein your case is pending. That being said, if there is a pending case are there not also temporary orders (called "lis pendens" in... Read more »
He’s father lied in the case and had me served for joint custody but he drinks heavy and talks to us both aggressively. Is their information you can give me to help me fight for protection for me and my son . For full custody of my preemie baby
answered on May 22, 2023
The first thing you should do is hire an attorney. And I'm not sure what you mean by fight for protection. If there is domestic violence and an ongoing threat, you should seek a protective order, which is a separate case altogether. If you were served with paperwork for a pending case, and... Read more »
Property is jointly owned, tenneants in common. Mortgage is an individual loan, husband only. Husband and wife are divorcing. Prior to being evicted (she sat his remaining property outside) a rental agreement was signed.
As joint owner, Is she within her rights to change the locks? Or... Read more »
answered on May 18, 2023
Each owner is entitled to equal use and possession of the property. There can be no rental to someone who is also an owner because their ownership interest is of a higher priority. If the divorce decree awarded the property to the wife, then the ex-husband could be a renter. Under that... Read more »
I really need a lawyer for this legitimization case. We went to court a couple of days ago for the first time and I felt so lost and stupid in there alone. The judge wouldn't even let me speak and basically was on their side...that's how it came across to me. I wanted to run out that... Read more »
answered on May 18, 2023
There are income guidelines for legal aide services and sometimes a waiting list to accept cases. If you can't get a legal aide service to take your case you should contact some domestic attorneys and see if they will work with you and accept payments. Sometimes if you can get a lump sum... Read more »
My son has been on an IEP since 3rd grade. I have been his sole primary guardian most of his educatuonal life. He has and all been well aware that there is a certified copy of custody papers several in his files. How ever Mr. Robinson decided to violate GA Code 20-2-780 and allowed my sons father... Read more »
answered on May 18, 2023
You are going to need to file for what is called a "Due Process" complaint against the district which is failing to provide free and appropriate public education to your child (FAPE). Due Process is a term of art within education law that is distinct from other uses of the term you may... Read more »
Ok, so here is the story:
My wife is a Canadian and a U.S. green card holder at the same time.
My wife lied to me by saying she was going to see her dad in Canada, and when she went over there with my two kids, she said she was never coming back to the U.S. and she was about to file... Read more »
answered on May 17, 2023
You don't have many options if you don't want to separate or divorce. You can't go to her parents' house to get the children as that could be considered trespassing. If you file for divorce or separation, she likely will be forced to bring the children back. If you do... Read more »
Ok, so here is the story:
My wife is a Canadian and a U.S. green card holder at the same time.
My wife lied to me by saying she was going to see her dad in Canada, and when she went over there with my two kids, she said she was never coming back to the U.S. and she was about to file... Read more »
answered on May 17, 2023
In a contested divorce it is unfortunately irrelevant whether the Defendant wants to get divorced. If the other spouse filed for divorce and had you served, you should file an Answer, preferably with an attorney. Now that the children are in Canada, it is going to be difficult to get an order for... Read more »
he had me served trying to get joint custody of our son but hes emotional abuse to us both ( baby & me ) and i just want to protect us both i only allow him to see me at my home when my family is around because i dont feel safe with just him , baby and i .
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answered on May 17, 2023
Unfortunately, the restraining order and the custody case are 2 separate cases and focus on 2 issues. In order to be successful in gaining a restraining order, you will need to show the court that there has be physical harm or serious threats of physical harm to you and/or your child and there is... Read more »
he had me served trying to get joint custody of our son but hes emotional abuse to us both ( baby & me ) and i just want to protect us both i only allow him to see me at my home when my family is around because i dont feel safe with just him , baby and i .
answered on May 17, 2023
If you were served with what sounds like an action to legitimize, you should hire an attorney to represent you. If there is a family violence issue, your attorney can make the court aware of that in your Answer. That may also come into play with the visitation the father is requesting from the... Read more »
I am in the process of filing a CS modification and wanted to know which will be used to calculate the child support amount.
answered on May 17, 2023
First, I would urge you to hire an attorney and not represent yourself in this case, unless you are going through the Division of Child Support Services for this modification. A Domestic Relations Financial Affidavit is a document that outlines a parents income, expenses, assets and debts. You... Read more »
I've already filed late CS w DCSS and they told me I could not add these expenses--only the late child support. The noncustodial parent owes over 2k in medical/extracurricular and I cover the insurance for both children and have them 100% of the time. She also owes over 7800 in CS arrears.... Read more »
answered on May 16, 2023
Per your statements if there are arrears of $7,800 and over $2,000 in expenses owed, that is worth you hiring an attorney to file for contempt. An attorney can obtain a judgment for the funds owed, and they can also assist you with post-judgment collections. Because it's not just about... Read more »
I have been married for 6 years; I want divorce. He doesn't work he's been found fully disabled but doesn't receive benefits due to my income ($50,000.00 yr.) he has threaten that he will file for alimony if we divorce. What are the chances that will be awarded alimony? We don't... Read more »
answered on May 16, 2023
The court is going to look at his need, your ability to pay, and determine if they're going to award him any spousal supports, if he requests it. There is no statute or guideline as to exactly when spousal support is awarded. If you file for divorce, and he files an Answer asking for... Read more »
My daughter had a controlling boyfriend and he made her give her baby to the fathers aunt whom isn’t even blood related. The lady tricked my daughter by telling her it would only be for like 3 to 6 weeks. The boyfriend was in on this also. My daughter has a learning disability and doesn’t think... Read more »
answered on May 15, 2023
My best advice to you is to speak directly with an attorney for a consultation and provide the paperwork you are referencing for the attorney to review. They can then see if there has been a legal guardianship filed, adoption or just exactly what type of rights were given and/or relinquished.... Read more »
On the grounds of a family violence protective order is in place for 1 year for not only myself but both minor children ages 10 &12??
I know i have to respond to this petition and im trying to do so correctly as i dont have legal counsel, cant afford counsel... however he does! If thats... Read more »
answered on May 15, 2023
A judge is unlikely to dismiss a legitimation action by ruling on a motion to dismiss. Although you say you can't afford counsel, if the father has hired counsel, I would suggest you use credit, or anything you can to get the funds together to hire an attorney. If you do not consent to the... Read more »
On the grounds of a family violence protective order is in place for 1 year for not only myself but both minor children ages 10 &12??
I know i have to respond to this petition and im trying to do so correctly as i dont have legal counsel, cant afford counsel... however he does! If thats... Read more »
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answered on May 15, 2023
Unfortunately, you will not be able to get the petition dismissed based solely on the protective order being in place. The father has the right to legitimate the children and obtain legal rights and visitation (after the protective order expires) with the children unless you can show the court it... Read more »
my friend allowed her mother to watch her baby while she moved and straightened out her life. After reaching her goals about a month or more later the child's grandmother suddenly refuses to give child back to mom.There are no court orders giving granny any rights to the child.NOTE... Read more »
answered on May 10, 2023
If there is no court order granting guardianship or custody of any kind to the person who currently has the child, it is kidnapping if the child isn't returned. The mother should call the police if the grandmother refuses to return the child. And it doesn't matter who knows someone in... Read more »
I have been served with a petition for legitimization for my daughter? What do i need to do? He hired an attorney but I cannot afford one. Can I request a DNA test? Can he legitimize her if the DNA test proves he is not her father? Do you know any pro bono family court attorneys who might help me?
answered on May 10, 2023
If the opposing party has an attorney I would suggest you get your finances in order and hire one as well. To clarify, there are no pro bono attorneys. Some attorneys do pro bono work. Feel free to see if you can find an attorney to handle the case without any payment. But I would start looking... Read more »
Protective order is over May 12. Do I have to go back to court to see kids or can I contact them and their mother right away??? I don't have another $6000 to pay lawyer for agreement so it can be thrown out by Judge again.
answered on May 8, 2023
The answer to this depends on if you have a parenting plan in a different case. If there is a court ordered parenting plan, the parenting time should resume. Normally, parenting time continues even though there is a TPO in place, especially if the violence alleged was not toward the children. You... Read more »
My nephew's mom is my younger sister has been in trouble with the law, currently on an ankle monitor and has accepted a PPP loan for a business that she never had. She is not making the best decisions for herself nor my nephew and I want to adopt him until her circumstances improve.
answered on Apr 26, 2023
You should schedule a consultation and speak directly with an attorney to discuss this case. Because the advice given and the steps on how to move forward will depend on whether the mother consents to this change or not. This sounds like guardianship and not adoption. But even in a guardianship... Read more »
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